Bedford Township Ordinance No. 100

Tuesday

Jun 12, 2018 at 12:01 AM

Bedford Township Ordinance No. 100

PAID PUBLIC NOTICE

BEDFORD TOWNSHIP

ORDINANCE NO. 100

BEDFORD TOWNSHIP COST RECOVERY ORDINANCE

An Ordinance enacted pursuant to Act 246 of the Public Acts of 1945, as amended, to establish procedures for recovering costs incurred by the Township through emergency services provided by its Fire Department for responses to emergency incidents including, but not limited to, deliberately caused fires, negligently caused fires, false alarms, response to vehicle accidents and other public safety incidents; to provide for the public health, safety and general welfare of the persons and property of the Township of Bedford; and to repeal all other Ordinances, parts of Ordinances, codes, or regulations in conflict hereof.

THE TOWNSHIP BOARD OF THE TOWNSHIP OF BEDFORD, COUNTY OF MONROE, STATE OF MICHIGAN, ORDAINS:

Section 1. SHORT TITLE.

This Ordinance shall be known and referred to as the “Bedford Township Cost Recovery Ordinance”.

SECTION 2. Purpose.

This Ordinance is adopted for the purpose of protecting the Township from expenses resulting from the utilization of Township resources in response to certain public safety or fire emergency incidents. This Ordinance authorizes the imposition of charges to recover actual costs incurred by the Township in responding to such incidents.

Section 3. Definitions.

For purposes of their use in this Ordinance, the following words and terms are hereinafter defined. Any word or term not defined herein is defined in accordance with its common or standard definition.

A. Assessable Costs mean those costs for services incurred by the Township in connection with a response to a public safety or fire emergency incident, including, but not limited to, the actual labor and material cost of the Township, employee wages, worker’s compensation benefits, fringe benefits, administrative overhead, costs of equipment, costs of equipment operations, costs of materials, costs of transportation, cost of material disposal, and cost of contracted labor, and any and all other costs, whether or not the services are provided by the Township or by a third party on behalf of the Township; service charges and interest; attorney fees, litigation costs, and any costs, charges, fines, or penalties to the Township imposed by any court or state or federal governmental entity.

B. Bomb Threats mean the verbal or written threat of a bomb or other explosive device which if discharged as threatened would violate a federal, state, or local law.

C. Damage to Township Water or Sewer Line means any damage either intentionally or negligently caused to any Township water or sewer line, or any fixture or appliance thereof including, but not limited to, manhole covers, pumps, equipment or the like.

E. Excessive Requests for Emergency Assistance mean any request for emergency assistance made to a particular location or premises if such location or premises has requested emergency assistance more than five (5) times in the preceding thirty (30) days.

F. False Alarm means any automated or manual device designed to request or summon emergency assistance when device is activated intentionally or otherwise, in the absence of an actual need for emergency assistance. The determination that there was no actual need for emergency assistance shall be made by the most senior person responding to a false alarm. Provided, however, a false alarm shall not be deemed to have occurred if (i) caused by an act of God, (ii) it originates from a motor vehicle alarm system, or (iii) has not occurred more frequently than three (3) times in a calendar month or four (4) times in a calendar year.

G. Hazardous Materials mean those elements, substances, wastes, or by-products, including, but not limited to, combustible liquid, flammable gas, explosives, flammables, poisons, organic peroxides, oxidizers, pyrophoric, unstable reactive matter, water reactive matter, petroleum products, anti-freeze, polychlorinated biphenyls and asbestos, which are or are potentially harmful to the environment or human or animal life, or which pose an unreasonable or imminent risk to life, health, or safety of persons or property, or to the ecological balance of the environment as determined by the Fire Chief or the senior fire official of the Township in charge at the scene.

H. Hazardous Material Incident or Emergency means any occurrence, incident, activity, accident, or emergency where a release of hazardous materials occurs or is reasonably imminent and where the Fire Chief or his or her designee has so declared such activity, accident, or emergency a hazardous material incident or emergency.

I. Illegal Fire means a fire set or determined to have been set in violation of a federal, state, or local law and shall include an arson fire and a fire set in violation of a “no burning” ban or order. An illegal fire does not include an unintentional fire or fire caused by an act of God.

J. Motor Vehicle means any self-propelled or towed vehicle designed or used on the public highways to transport passengers or property as defined in the Michigan Vehicle Code, Act No. 300 of the Public Acts of 1949, as amended, which is required to be registered for use upon the public streets and highways of this State under the foregoing Act. For purposes of this Ordinance, motor vehicles include any and all trailers or appurtenances attached to any motor vehicle.

K. Motor Vehicle Accident means an accident where equipment and tools may be used for the extrication of a person or persons, forced entry into a vehicle is required, a person is ejected from a motor vehicle, or a person leaves the scene without reporting the accident.

L. Negligently Caused Fire means a fire, proximately caused by the negligence of an owner or occupier of property and/or structures, or any other person, which represents a direct and immediate threat to the public safety and requires immediate action to mitigate the threat.

O. Responsible Party means any individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, government entity, or any other legal entity responsible for a public safety or fire emergency incident or any owner, tenant, occupant or party in control of real and personal property from which, onto which, or related to which there is a public safety or fire emergency incident and their heirs, personal representatives, estates, successors and assigns.

P. Standby means any situation or event where the Fire Department is required or requested to provide equipment and/or personnel for the public, health, safety and welfare of the citizens of Bedford Township.

Q. Structure Demolition means the tearing down of a structure damaged by fire which must in the opinion of the Fire Chief or his or her designee be promptly demolished following the fire to protect public safety.

S. Threats of Harm to Oneself or Others mean the verbal or written threat of physical harm to oneself or another or another’s property which if carried out would be a violation of federal, state, or local law.

T. Utility Line Failure means the disabling of any transmission or service line, cable, conduit, pipeline, wire or the like used to provide, collect, or transport electricity, ship natural gas, communication or electronic signals (including, but not limited to, telephone, computer, cable television, and stereo signals or electronic impulses), water or sanitary or storm sewage if the owner or party responsible for the maintenance of such utility line does not release the Fire Department and respond within () one-half (1/2) hour to a request to repair or correct such failure.

Section 4. COST RECOVERY SCHEDULE.

When the Bedford Township Fire Department responds to a Public Safety or Fire Emergency Incident, costs incurred responding to such public safety or fire emergency incident shall be imposed upon the responsible parties. The Township shall, by Resolution, adopt a Cost Recovery Schedule. The Cost Recovery Schedule may be amended from time to time by a Resolution of the Township Board. The Cost Recovery Schedule shall be available at the office of the Township Clerk for inspection by the public during regular office hours.

Section 5. COST RECOVERY AUTHORIZATION AND PROCEDURE.

The Township may recover all assessable costs in connection with a public safety or fire emergency incident from any or all responsible parties, jointly and/or severally. The Fire Chief or his or her designee shall determine the total assessable costs and shall in consultation with other Township personnel involved in responding to a public safety or fire emergency incident determine whether to assess any, all or part of such costs against any of the responsible parties. In making such determination, the following shall be considered:

a. The total assessable costs;

b. The risk the public safety or fire emergency incident imposed on the Township, its residents, and their property;

e. The extent the public safety or fire emergency incident required an unusual or extraordinary use of Township personnel and equipment; and

f. Whether there was any damage to the environment.

No resident of the Township at the time of a response to a public safety or fire emergency incident shall be responsible and/or liable for the expenses of the emergency response over and above the amount of any insurance available to said resident to pay for the emergency response, except for deliberately or negligently caused fires, illegal fires, bomb threats, threats of harm to oneself or others, damage to Township water or sewer lines and/or standby situations or events. A resident of the Township who has such insurance shall either process a claim and assign benefits to the Township or shall provide the Township such information as may be necessary to permit the Township to file a claim.

Any Fire Department response to a public safety or fire emergency incident involving deliberately or negligently caused fires, illegal fires, bomb threats, threats of harm to oneself or others, damage to Township water or sewer lines, utility line failure, and/or standby situations or events shall subject any or all responsible parties, including Township residents, to payment of all assessable costs, regardless of the amount of any insurance available to the responsible party, pursuant to the provisions of this Ordinance.

After consideration of all pertinent factors, the Fire Chief may allocate assessable costs among and between responsible parties, including allocating all or some of such costs jointly and severally against more than one responsible party regardless of whether a responsible party has other legal liability therefore or is legally at fault.

If the Fire Chief determines not to assess all or a part of assessable costs against a responsible party, such determination shall not in any way limit or extinguish the liability of the responsible party to other parties.

SECTION 6. COLLECTION OF ASSESSABLE COSTS.

After determining to assess assessable costs against a responsible party, the Township Clerk shall mail an itemized invoice to the responsible party at its last known address. Such invoice shall be due and payable within thirty (30) days of the date of mailing and any amounts unpaid after such date shall bear a late payment fee equal to one percent (1%) per month or fraction thereof that the amount remains due and any previously imposed late payment fee remains unpaid.

To the extent that the responsible party has insurance which would cover all or any part of the cost assessed, the Township is empowered to bill the appropriate insurance carrier of any responsible party.

If a responsible party shall appeal assessable costs pursuant to Section 7 hereof, such costs, if upheld, in whole or in part, shall be due and payable thirty (30) days from the date of determination of the appeal and any late payment fees shall apply thereafter.

If a responsible party defaults in the payment of an assessment of costs, the amount in default, together with late fees, shall be collectible through proceedings in the Monroe County, Michigan District or Circuit Court, by suit to collect any sums of money remaining unpaid, and the Township shall have any and all other remedies provided by law for the collection of said costs.

SECTION 7. APPEALS.

The Township Board shall review all Assessable Costs levied against responsible persons for services rendered upon timely written application for appeal submitted within sixty (60) days after issuance and mailing of the invoice, and may increase, abate, or waive said charges based upon the facts of any specific claim. Any written application for appeal shall be delivered to the Township Clerk’s office.

Failure to timely file a written application for appeal shall constitute a waiver of the responsible party’s right to appeal the assessment to the Township Board; and shall further constitute the responsible party’s agreement to pay the assessable costs invoiced.

SECTION 8. ASSESSABLE COSTS A LIEN UP ON PROPERTY.

Assessable costs assessed against a responsible party not paid when due, including late payment fees, shall constitute a lien upon the real property of the responsible party in the Township, from which, upon which, or related to which the public safety or fire emergency incident occurred. Such lien shall be of the same character and effect as a lien created for Township real property taxes and shall include accrued interest and penalties. The Township Treasurer shall prior to March 1st of each year, certify to the Township Assessor the fact that such assessable costs are delinquent and unpaid. The Township Assessor shall then enter the delinquent amount on the next general ad valorem tax roll as a charge against the affected property, and the lien thereon shall be enforced in the same manner as provided and allowed by law for delinquent and unpaid real property taxes.

SECTION 9. NON-EXCLUSIVE REMEDY.

In addition to the remedies provided by this Ordinance, the Township shall be entitled to pursue any other remedy or may institute any appropriate action or proceeding in a court of competent jurisdiction as permitted by law to collect assessable costs from a responsible party. Further, the remedies provided by this Ordinance shall be in addition to any other remedies available in equity or at law and such penalties provided by law or ordinance.

SECTION 10. NO LIMITATION OF LIABILITY.

The recovery of assessable costs pursuant hereto does not limit the liability of a responsible party under applicable local, state, or federal law.

SECTION 11. Severability.

This Ordinance, and the various parts, sentences, paragraphs, sections, subsections, phrases and clauses hereof, are hereby declared severable, and if any of them are judged unconstitutional or invalid, it is hereby declared that the remainder of the Ordinance shall not be affected.

SECTION 12. INCONSISTENT ORDINANCES REPEALED.

All Ordinances or parts of Ordinances in conflict with this Ordinance, are to the extent of such conflict, repealed.

Section 13. Effective Date.

This Ordinance shall become effective thirty (30) days after it, or a summary of it, is published in a newspaper of general circulation in the Township of Bedford. This Ordinance, or a summary of it, shall be published in a newspaper of general circulation in the Township of Bedford within thirty (30) days after its adoption.

THE TOWNSHIP BOARD,

BEDFORD TOWNSHIP,

COUNTY OF MONROE,

STATE OF MICHIGAN:

By:

Trudy L. Hershberger,

Bedford Township Clerk

AUTHENTICATED:

Paul Pirrone,

Bedford Township Supervisor

I, Trudy L. Hershberger, do hereby certify that I am the duly elected and acting Township Clerk of the Township of Bedford, and I do hereby certify that this Ordinance was adopted by the Township Board of the Township of Bedford, Monroe County, Michigan, at a regular meeting of the Township Board held at the Bedford Township Hall, Temperance, Bedford Township, Michigan, on the 5th day of June, 2018.

The vote on said Ordinance, 7 (seven) members being present and 0 (zero) members absent, was as follows:

Member’s Last Name

Voting in

Favor: Francis, Steiner, Clements,

Tienvieri, Frederick,

Hershberger, & Pirrone

Voting Against: None

Abstained: None

Absent: None

THE TOWNSHIP BOARD,

BEDFORD TOWNSHIP,

COUNTY OF MONROE,

STATE OF MICHIGAN:

By:

Trudy L. Hershberger,

Bedford Township Clerk

AUTHENTICATED:

Paul Pirrone,

Bedford Township Supervisor

I, Trudy L. Hershberger, do hereby certify that I am the duly elected and acting Township Clerk of the Township of Bedford, and I do hereby certify that a Notice of Adoption of Ordinance No. 100, was published on the 12th day of June, 2018, in The Monroe News newspaper, Monroe County, Michigan, a newspaper of general circulation in the Township of Bedford, within thirty (30) days after adoption.

Dated: June 6, 2018

By:

Trudy L. Hershberger,

Bedford Township Clerk

ATTEST:

Paul Pirrone,

Bedford Township Supervisor

ADOPTED: June 5, 2018

PUBLISHED: June 12, 2018

EFFECTIVE: July 12, 2018

JUNE 12, 2018

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